Planning Commission approves removal of unauthorized unit at 149 Cole Street for elderly owners

The San Francisco Planning Commission on Oct. 23 unanimously approved a conditional use authorization for 149 Cole Street to remove an unauthorized dwelling unit and convert the space back to storage.

Planning Department staff presented the proposal, describing the property as a two-story-over-garage building in the Haight-Ashbury neighborhood with two legal units and one unauthorized unit behind the garage. Staff recommended approval with conditions after noting the applicants — two adults in their mid-90s with disabilities — face significant emotional, physical and financial hardship and that bringing the unit into code compliance would likely cost “tens of thousands of dollars” and require extensive work.

The applicants, represented in person, said the conversion back to storage was necessary. Henry Collins, the property owner, told the commission he and his wife, both elderly and disabled, could not reasonably undertake the alterations required to legalize the unit and asked for “serious consideration” of the hardship claim.

Commissioners discussed the unit's access and noncompliant circulation and weighed concerns about setting a precedent for removing units against the applicants’ extraordinary circumstances. Commissioner Blong said the owners’ advanced ages were “very extraordinary” and supported the staff recommendation. Commissioner Moore made the motion to approve; the motion was seconded and passed 7–0.

The decision was limited to the conditional use authorization as presented; staff’s findings cited habitability deficiencies and the applicants’ hardship as key reasons for the recommendation. The commission approved the item with conditions; no public commenters spoke on the item.